صَدَقَةٍ جَارِيَةٍ عَلَى رَوْحٌ وَالِدِيَّ رَحِمَهُمَا اللَّهُ وَغَفَرَ لَهُمَا كَمَا رَبَّيَانِي صَغِيرًا وَقْفِيَّة عِلْمِيَّة مُدَوَّنَةٌ قَانُونِيَّةٌ مِصْرِيّة تُبْرِزُ الْإِعْجَازَ التَشْرِيعي لِلشَّرِيعَةِ الْإِسْلَامِيَّةِ وروائعِ الْفِقْهِ الْإِسْلَامِيِّ، مِنْ خِلَالِ مَقَاصِد الشَّرِيعَةِ . عَامِلِةَ عَلَى إِثرَاءٌ الْفِكْرِ القَانُونِيِّ لَدَى الْقُضَاة. إنْ لم يكن للهِ فعلك خالصًا فكلّ بناءٍ قد بنيْتَ خراب ﴿وَلَقَدۡ وَصَّلۡنَا لَهُمُ ٱلۡقَوۡلَ لَعَلَّهُمۡ يَتَذَكَّرُونَ﴾ القصص: 51
الصفحات
- أحكام النقض الجنائي المصرية
- أحكام النقض المدني المصرية
- فهرس الجنائي
- فهرس المدني
- فهرس الأسرة
- الجريدة الرسمية
- الوقائع المصرية
- C V
- اَلْجَامِعَ لِمُصْطَلَحَاتِ اَلْفِقْهِ وَالشَّرَائِعِ
- فتاوى مجلس الدولة
- أحكام المحكمة الإدارية العليا المصرية
- القاموس القانوني عربي أنجليزي
- أحكام الدستورية العليا المصرية
- كتب قانونية مهمة للتحميل
- المجمعات
- مُطَوَّل اَلْجُمَلِ فِي شَرْحِ اَلْقَانُونِ اَلْمَدَنِيِّ
- تسبيب الأحكام الجنائية
- الكتب الدورية للنيابة
- وَسِيطُ اَلْجُمَلِ فِي اَلتَّعْلِيقِ عَلَى قَانُونِ اَلْعَمَلِ 12 لسنة 2003
- قوانين الامارات
- مُطَوَّل اَلْجُمَلِ فِي اَلتَّعْلِيقِ عَلَى قَانُونِ اَلْمُرَافَعَاتِ
- اَلْمُذَكِّرَة اَلْإِيضَاحِيَّةِ لِمَشْرُوعِ اَلْقَانُونِ اَلْمَدَنِيِّ اَلْمِصْرِيِّ 1948
- مُطَوَّل اَلْجُمَلِ فِي اَلتَّعْلِيقِ عَلَى قَانُونِ اَلْعُقُوبَاتِ
- محيط الشرائع - 1856 - 1952 - الدكتور أنطون صفير
- فهرس مجلس الدولة
- المجلة وشرحها لعلي حيدر
- نقض الامارات
- اَلْأَعْمَال اَلتَّحْضِيرِيَّةِ لِلْقَانُونِ اَلْمَدَنِيِّ اَلْمِصْرِيِّ
- الصكوك الدولية لحقوق الإنسان والأشخاص الأولى بالرعاية
البحث الذكي داخل المدونة
الثلاثاء، 13 مايو 2025
التوصية رقم 208 : توصية منظمة العمل الدولية بشأن التلمذة الصناعية الجيدة ، 2023 .
الطعن 23680 لسنة 87 ق جلسة 11 / 2 / 2020 مكتب فني 71 ق 27 ص 166
R186 - Recruitment and Placement of Seafarers Recommendation, 1996
[Withdrawn instrument - By decision of the International Labour Conference at its 109th Session (2021)]
Preamble
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fourth Session on 8 October 1996, and
Having decided upon the adoption of certain proposals with regard to the revision of the Placing of Seamen Convention, 1920, which is the third item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Recruitment and Placement of Seafarers Convention, 1996;
adopts, this twenty-second day of October of the year one thousand nine hundred and ninety-six, the following Recommendation, which may be cited as the Recruitment and Placement of Seafarers Recommendation, 1996:
- 1. The competent authority should:
- (a) take the necessary measures to promote effective cooperation among recruitment and placement services, whether public or private;
- (b) take account of the needs of the maritime industry at both the national and international levels, when developing training programmes for seafarers, with the participation of shipowners, seafarers and the relevant training institutions;
- (c) make suitable arrangements for the cooperation of representative organizations of shipowners and seafarers in the organization and operation of the public recruitment and placement services where they exist;
- (d) maintain an arrangement for the collection and analysis of all relevant information on the maritime labour market, including:
- (i) the current and prospective supply of seafarers classified by age, sex, rank and qualifications and the industry's requirements, the collection of data on age and sex being admissible only for statistical purposes or if used in the framework of a programme to prevent discrimination based on age and sex;
- (ii) the availability of employment on national and foreign ships;
- (iii) continuity of employment;
- (iv) the placement of apprentices, cadets and other trainees; and
- (v) vocational guidance to prospective seafarers;
- (e) ensure that the staff responsible for the supervision of recruitment and placement services be adequately trained and have relevant knowledge of the maritime industry;
- (f) prescribe or approve operational standards and encourage the adoption of codes of conduct and ethical practices for these services; and
- (g) promote continued supervision on the basis of a system of quality standards.
- 2. The operational standards referred to in Paragraph 1(f) should include provisions dealing with:
- (a) the qualifications and training required of the management and staff of recruitment and placement services, which should include knowledge of the maritime sector, particularly of relevant maritime international instruments on training, certification and labour standards;
- (b) the keeping of a register of seafarers seeking employment at sea; and
- (c) matters pertaining to medical examinations, vaccinations, seafarers' documents and such other items as may be required for the seafarer to gain employment.
- 3. In particular, the operational standards referred to in Paragraph 1(f) should provide that each recruitment and placement service:
- (a) maintain, with due regard to the right to privacy and the need to protect confidentiality, full and complete records of the seafarers covered by its recruitment and placement system, which should include but not be limited to:
- (i) the seafarers' qualifications;
- (ii) record of employment;
- (iii) personal data relevant to employment;
- (iv) medical data relevant to employment;
- (b) maintain up-to-date crew lists of the vessels for which it provides crew and ensure that there is a means by which it can be contacted in an emergency at all hours;
- (c) have formal procedures to ensure that seafarers are not subject to exploitation by the agency or its personnel with regard to the offer of engagement on particular ships or by particular companies;
- (d) have formal procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the employer and the seafarer which are handled by it;
- (e) clearly publicize costs which the seafarer will bear by way of medical or documentary clearance;
- (f) ensure that seafarers are advised of any particular conditions applicable to the job for which they are to be engaged and of particular employers' policies relating to their employment;
- (g) have formal procedures which are in accordance with the principles of natural justice for dealing with cases of incompetence or indiscipline consistent with national laws and practice and, where applicable, with collective agreements;
- (h) have formal procedures to ensure, as far as practicable, that certificates of competency and medical certificates of seafarers submitted for employment are up-to-date and have not been fraudulently obtained and that employment references are verified;
- (i) have formal procedures to ensure that requests for information or advice by families of seafarers while they are at sea are dealt with promptly and sympathetically and at no cost; and
- (j) as a matter of policy, supply seafarers only to employers who offer terms and conditions of employment to seafarers which comply with applicable laws or regulations or collective agreements.
- 4. International cooperation should be encouraged between Members and relevant organizations and may include:
- (a) the systematic exchange of information on the maritime industry and labour market on a bilateral, regional and multilateral basis;
- (b) the exchange of information on maritime labour legislation;
- (c) the harmonization of policies, working methods and legislation governing recruitment and placement of seafarers;
- (d) the improvement of procedures and conditions for the international recruitment and placement of seafarers; and
- (e) workforce planning, taking account of the supply of and demand for seafarers and the requirements of the maritime industry.
الطعن 5571 لسنة 88 ق جلسة 6 / 2 / 2020 مكتب فني 71 ق 26 ص 156
R187 - Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation, 1996
[Withdrawn instrument - By decision of the International Labour Conference at its 109th Session (2021)]
Preamble
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fourth Session on 8 October 1996, and
Noting the provisions of the Protection of Wages Convention, 1949; the Minimum Wage-Fixing Convention, 1970, the Seafarers' Annual Leave with Pay Convention, 1976, the Merchant Shipping (Minimum Standards) Convention, 1976, the Repatriation of Seafarers Convention (Revised), 1987, the Protection of Workers' Claims (Employer's Insolvency) Convention, 1992, and the International Convention on Maritime Liens and Mortgages, 1993, and
Having decided upon the adoption of certain proposals with regard to the revision of the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 and the Wages, Hours of Work and Manning (Sea) Recommendation, 1958, which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Seafarers' Hours of Work and the Manning of Ships Convention, 1996;
adopts this twenty-second day of October of the year one thousand nine hundred and ninety-six, the following Recommendation, which may be cited as the Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation, 1996:
I. SCOPE AND DEFINITIONS
- 1.
- (1) This Recommendation applies to every seagoing ship, whether publicly or privately owned, which is registered in the territory of the Member and is ordinarily engaged in commercial maritime operations.
- (2) To the extent it deems practicable, after consulting the representative organizations of fishing-vessel owners and fishermen, the competent authority should apply the provisions of this Recommendation to commercial maritime fishing.
- (3) In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in commercial maritime operations or commercial maritime fishing for the purposes of this Recommendation, the question should be determined by the competent authority after consulting the organizations of shipowners, seafarers and fishermen concerned.
- (4) This Recommendation does not apply to wooden vessels of traditional build such as dhows and junks.
- 2. For the purpose of this Recommendation:
- (a) the term basic pay or wages means the pay, however composed, for normal hours of work; it does not include payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration;
- (b) the term competent authority means the minister, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of seafarers' wages, hours of work or rest or the manning of ships;
- (c) the term consolidated wage means a wage or salary which includes the basic wage and other pay-related benefits; a consolidated wage may include compensation for all overtime hours which are worked and all other pay-related benefits, or it may include only certain benefits in a partial consolidation;
- (d) the term hours of work means time during which a seafarer is required to do work on account of the ship;
- (e) the term overtime means time worked in excess of the normal hours of work;
- (f) the term seafarer means any person defined as such by national laws or regulations or collective agreements who is employed or engaged in any capacity on board a seagoing ship to which this Recommendation applies; and
- (g) the term shipowner means the owner of the ship or any other organization or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.
II. SEAFARERS' WAGES
- 3. For seafarers whose remuneration includes separate compensation for overtime worked:
- (a) for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day;
- (b) for the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regulations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment;
- (c) the rate or rates of compensation for overtime, which should be not less than one and one-quarter times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective agreements; and
- (d) records of all overtime worked should be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at regular intervals.
- 4. For seafarers whose wages are fully or partially consolidated:
- (a) the collective agreement, articles of agreement, contract of employment and letter of engagement should specify clearly the amount of remuneration payable to the seafarer and where appropriate the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances;
- (b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one-quarter times the basic rate corresponding to the normal hours of work as defined in Paragraph 3; the same principle should be applied to the overtime hours included in the consolidated wage;
- (c) remuneration for that portion of the fully or partially consolidated wage representing the normal hours of work as defined in Paragraph 3(a) should be no less than the applicable minimum wage; and
- (d) for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided in Paragraph 3(d).
5. National laws or regulations or collective agreements may provide for compensation for overtime or for work performed on the weekly day of rest and on public holidays by at least equivalent time off duty and off the ship or additional leave in lieu of remuneration or any other compensation so provided. - 6. National laws and regulations adopted after consulting the representative organizations of seafarers and shipowners or, as appropriate, collective agreements should take into account the following principles:
- (a) equal remuneration for work of equal value should apply to all seafarers employed upon the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin;
- (b) the articles of agreement or other agreement specifying the applicable wages or wage rates should be carried on board the ship; information on the amount of wages or wage rates should be made available to each seafarer, either by providing at least one signed copy of the relevant information to the seafarer in a language which the seafarer understands, or by posting a copy of the agreement in a place accessible to the crew or by some other appropriate means;
- (c) wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order;
- (d) wages should be paid monthly or at some other regular interval, and on termination of engagement all remuneration due should be paid without undue delay;
- (e) adequate penalties or other appropriate remedies should be imposed by the competent authorities where shipowners unduly delay, or fail to make, payment of all remuneration due;
- (f) wages should be paid directly to the seafarer or to the seafarer's designated bank account unless he or she requests otherwise in writing;
- (g) subject to subparagraph (h), the shipowner should impose no limit on the seafarer's freedom to dispose of his or her remuneration;
- (h) deduction from remuneration should be permitted only if:
- (i) there is an express provision therefor in national laws or regulations or in an applicable collective agreement;
- (ii) the seafarer has been informed, in the manner deemed most appropriate by the competent authority, of the conditions for such deductions; and
- (iii) they do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions;
- (i) no deductions should be made from a seafarer's remuneration in respect of obtaining or retaining employment;
- (j) the competent authority should have the power to inspect stores and services provided on board ship to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; and
- (k) to the extent that seafarers' claims for wages and other sums due in respect of their employment are not secured in accordance with the provisions of the International Convention on Maritime Liens and Mortgages, 1993, such claims should be protected in accordance with the Protection of Workers' Claims (Employer's Insolvency) Convention, 1992, of the International Labour Organization.
7. The Member should, after consulting with shipowners' and seafarers' organizations, have procedures to investigate complaints relating to any matter contained in this Recommendation.
III. MINIMUM WAGES
- 8.
- (1) Without prejudice to the principle of free collective bargaining, the Member should, after consulting representative organizations of shipowners and seafarers, establish procedures for determining minimum wages for seafarers. Representative organizations of shipowners and seafarers should participate in the operation of such procedures.
- (2) When establishing such procedures and in fixing minimum wages, due regard should be given to international labour standards concerning minimum wage fixing, as well as the following principles:
- (a) the level of minimum wages should take into account the nature of maritime employment, manning levels of ships, and seafarers' normal hours of work; and
- (b) the level of minimum wages should be adjusted to take into account changes in the cost of living and in the needs of seafarers.
- (3) The competent authority should ensure:
- (a) by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates fixed; and
- (b) that any seafarer who has been paid at a rate lower than the minimum wage is enabled to recover, by an inexpensive and expeditious judicial or other procedure, the amount by which he or she has been underpaid.
IV. MINIMUM MONTHLY BASIC PAY OR WAGE FIGURE FOR ABLE SEAMEN
9. For the purpose of this Part, the term "able seaman" means any seafarer who is deemed to be competent to perform any duty which may be required of a rating serving in the deck department, other than the duties of a leading or specialist rating, or any seafarer who is defined as an able seaman in accordance with national laws, regulations or practice, or collective agreement. 10. The basic pay or wages for a calendar month of service for an able seaman should be no less than the amount periodically set by the Joint Maritime Commission or another body authorized by the Governing Body of the International Labour Office. Upon a decision of the Governing Body, the Director-General of the ILO shall notify any revised amount to the Members of the International Labour Organization. As of 1 January 1995, the amount set by the Joint Maritime Commission was 385 United States dollars. 11. Nothing in this Part should be deemed to prejudice arrangements agreed between shipowners or their organizations and seafarers' organizations with regard to the regulation of standard minimum terms and conditions of employment, provided such terms and conditions are recognized by the competent authority.
V. EFFECT ON EARLIER RECOMMENDATION
R188 - Private Employment Agencies Recommendation, 1997
Preamble
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fifth Session on 3 June 1997, and
Having decided upon the adoption of certain proposals with regard to the revision of the Fee-Charging Employment Agencies Convention (Revised), 1949, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Private Employment Agencies Convention, 1997;
adopts, this nineteenth day of June of the year one thousand nine hundred and ninety-seven, the following Recommendation, which may be cited as the Private Employment Agencies Recommendation, 1997:
I. General provisions
1. The provisions of this Recommendation supplement those of the Private Employment Agencies Convention, 1997, (referred to as "the Convention") and should be applied in conjunction with them. - 2.
- (1) Tripartite bodies or organizations of employers and workers should be involved as far as possible in the formulation and implementation of provisions to give effect to the Convention
- (2) Where appropriate, national laws and regulations applicable to private employment agencies should be supplemented by technical standards, guidelines, codes of ethics, self-regulatory mechanisms or other means consistent with national practice.
3. Members should, as may be appropriate and practicable, exchange information and experiences on the contributions of private employment agencies to the functioning of the labour market and communicate this to the International Labour Office.
II. Protection of workers
4. Members should adopt all necessary and appropriate measures to prevent and to eliminate unethical practices by private employment agencies. These measures may include laws or regulations which provide for penalties, including prohibition of private employment agencies engaging in unethical practices. 5. Workers employed by private employment agencies as defined in Article 1.1(b) of the Convention should, where appropriate, have a written contract of employment specifying their terms and conditions of employment. As a minimum requirement, these workers should be informed of their conditions of employment before the effective beginning of their assignment. 6. Private employment agencies should not make workers available to a user enterprise to replace workers of that enterprise who are on strike. 7. The competent authority should combat unfair advertising practices and misleading advertisements, including advertisements for non-existent jobs. - 8. Private employment agencies should:
- (a) not knowingly recruit, place or employ workers for jobs involving unacceptable hazards or risks or where they may be subjected t abuse or discriminatory treatment of any kind;
- (b) inform migrant workers, as far as possible in their own language or in a language with which they are familiar, of the nature of the position offered and the applicable terms and conditions of employment.
9. Private employment agencies should be prohibited, or by other means prevented, from drawing up and publishing vacancy notices or offers of employment in ways that directly or indirectly result in discrimination on grounds such as race, colour, sex, age, religion, political opinion, national extraction, social origin, ethnic origin, disability, marital or family status, sexual orientation or membership of a workers organization. 10. Private employment agencies should be encouraged to promote equality in employment through affirmative action programmes. 11. Private employment agencies should be prohibited from recording, in files or registers, personal data which are not required for judging the aptitude of applicants for jobs for which they are being or could be considered. - 12.
- (1) Private employment agencies should store the personal data of a worker only for so long as it is justified by the specific purposes for which they have been collected, or so long as the worker wishes to remain on a list of potential job candidates.
- (2) Measures should be taken to ensure that workers have access to all their personal data as processed by automated or electronic systems, or kept in a manual file. These measures should include the right of workers to obtain and examine a copy of any such data and the right to demand that incorrect or incomplete data be deleted or corrected.
- (3) Unless directly relevant to the requirements of a particular occupation and with the express permission of the worker concerned, private employment agencies should not require, maintain or use information on the medical status of a worker, or use such information to determine the suitability of a worker for employment.
13. Private employment agencies and the competent authority should take measures to promote the utilization of proper, fair and efficient selection methods. 14. Private employment agencies should have properly qualified and trained staff. - 15. Having due regard to the rights and duties laid down in national law concerning termination of contracts of employment, private employment agencies providing the services referred to in paragraph 1(b) of Article 1 of the Convention should not:
- (a)prevent the user enterprise from hiring an employee of the agency assigned to it;
- (b)restrict the occupational mobility of an employee;
- (c)impose penalties on an employee accepting employment in another enterprise.
III. Relationship between the public employment service and private employment agencies
16. Cooperation between the public employment service and private employment agencies in relation to the implementation of a national policy on organizing the labour market should be encouraged; for this purpose, bodies may be established that include representatives of the public employment service and private employment agencies, as well as of the most representative organizations of employers and workers. - 17. Measures to promote cooperation between the public employment service and private employment agencies could include:
- (a) pooling of information and use of common terminology so as to improve transparency of labour market functioning;
- (b) exchanging vacancy notices;
- (c) launching of joint projects, for example in training;
- (d) concluding agreements between the public employment service and private employment agencies regarding the execution of certain activities, such as projects for the integration of the long-term unemployed;
- (e) training of staff;
- (f) consulting regularly with a view to improving professional practices.